Terms of Service

Agreement to Terms

These Terms of Service ("Terms of Service") constitute a legally binding agreement between you ("Customer", "User", "you", "your") and Trakyo ("Company", "we", "us"). These Terms govern your use of https://trakyo.io and any associated websites, media channels, products, and services.

By accessing our websites and using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must stop using the websites and Services immediately.

We reserve the right to update these Terms at any time. Material changes will be communicated via the contact information you have provided. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

Definitions

Use of Service

Right to Use Services

Subject to these Terms, Company will provide the Services set forth in your Order. Customer agrees to use the Services for professional or business use only. Company grants Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the subscription term.

Technical Support

Technical support for the Services is provided as set forth in the applicable Order.

Modifications and Updates

Company may change and update the Services from time to time in its sole discretion, provided that any changes will not materially adversely affect the functionality of the Service or rights of the Customer. Updates to the Services are included in the Fees.

Service Availability

Company shall use commercially reasonable efforts to make the Services available but does not guarantee any specific uptime percentage. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond Company's reasonable control.

Customer Data

Rights in Customer Data

As between the parties, Customer or its licensors retain all right, title, and interest in and to Customer Data. Customer grants Company a non-exclusive, worldwide, royalty-free right to process Customer Data solely to provide the Services or as required by law.

Use Obligations

Customer's use of the Service and all Customer Data must comply with applicable laws, government regulations, and third-party legal requirements, including data privacy laws. Customer is solely responsible for the accuracy, content, and legality of all Customer Data.

Customer End-User Data

User Generated Content

By submitting User Generated Content through the Service, Customer grants Company a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free license to use, modify, reproduce, and distribute that content for the purposes of providing, developing, and improving Company's Services. Customer agrees not to submit confidential information, personally identifiable information, financial data, or healthcare data through the Service.

Anonymized or Aggregated Data

Company may use anonymized or aggregated data derived from Customer Data to develop, improve, and operate its Services, provided such data cannot reasonably be used to identify Customer or its end users.

HIPAA Data

Customer agrees not to process any HIPAA Data in the Service unless Customer has entered into a Business Associates Agreement ("BAA") with Company. Unless a BAA is in place, Company will have no liability for HIPAA Data.

Intellectual Property Rights

Company Services and Technology

Except for the limited rights granted herein, Customer has no right, title, or interest in or to the Company Marks, Company Technology, or Services. Company or its licensors retain all proprietary right, title, and interest in and to the Company Marks, Company Technology, and the Services, including all modifications, enhancements, derivative works, and interfaces thereto.

Restrictions on Company Technology

Customer shall not, and shall not permit any third party to:

• Reverse engineer, decompile, or disassemble the Services or Company Technology;
• Attempt to identify, analyze, or reverse engineer specific technologies, vendors, or libraries used by Company;
• Monitor or intercept network traffic or API calls to understand or replicate Company Technology;
• Use automated tools to probe or test the technical implementation of the Services;
• Create or assist in developing any product substantially similar to or competitive with the Services;
• Disclose technical implementation details of the Services to any third party;
• Benchmark or evaluate the Services for publishing competitive analysis without Company's prior written consent.

Company Marks

Unless expressly authorized, Customer shall not use, register, or apply for registration of any trademark, domain name, or social media handle that incorporates Company Marks or is confusingly similar to them. For authorized use, Customer must adhere to any brand guidelines provided by Company. Contact [email protected] for permission requests.

Feedback

Any ideas, suggestions, or improvements provided by Customer or its Users to Company shall be owned by Company, and Company is free to use such feedback in future products without compensation.

API Terms

API Access

Company may, at its discretion, provide Customer with API access to certain Service functionality. API access is subject to these additional terms.

Authentication and Security

Customer is solely responsible for maintaining the confidentiality and security of its API Keys. Customer shall not share API Keys with unauthorized third parties. Company reserves the right to revoke API Keys immediately upon suspected compromise or misuse.

Rate Limiting

Company imposes rate limits on API usage to ensure fair access and system stability. Rate limits may vary by plan, endpoint, and usage patterns. Company reserves the right to modify rate limits at any time without prior notice.

Acceptable Use

Customer shall not use the API to:

• Exceed authorized rate limits or circumvent rate limiting mechanisms;
• Access data belonging to other Customers or unauthorized accounts;
• Build a substantially similar or competitive product or service;
• Redistribute, resell, or sublicense API access to third parties;
• Submit automated requests designed to overload or degrade the Service.

API Availability

API availability is provided on an "as-is" basis. Company does not guarantee specific uptime, response times, or availability for API endpoints. Company may deprecate, modify, or discontinue API endpoints with reasonable notice where practicable.

Deeplinks & Custom Domains

Deeplink Services

The Service may generate Deeplinks that route End Users to specific content within websites or native applications. Customer acknowledges that:

• Deeplink routing behavior may vary based on End User device, operating system, and application availability;
• Company does not guarantee that Deeplinks will successfully open specific native applications on all devices;
• Customer is solely responsible for ensuring Deeplink destinations comply with the terms of the destination platform;
• Company shall not be liable for any changes to third-party platforms that affect Deeplink functionality.

Custom Domains

If Customer configures a Custom Domain for use with the Services, Customer represents and warrants that it owns or has authorization to use the Custom Domain. Customer is responsible for maintaining proper DNS configuration. Company will provision and manage TLS certificates for the Custom Domain. Company reserves the right to reject or revoke Custom Domains that violate applicable laws or are associated with prohibited activities.

Advertising Platform Integrations

Customer is solely responsible for compliance with advertising platform terms of service and data processing agreements. Customer authorizes Company to transmit conversion event data to advertising platforms on Customer's behalf. Company does not guarantee the accuracy or completeness of advertising attribution data.

Orders, Fees & Payment

Orders

All Orders are subject to acceptance by Company at its discretion. All Customer information provided must be current, complete, and accurate.

Fees and Payment

When you execute an Order you will commit to a fee amount and a payment schedule. Your Payment Schedule may be a one-time payment ("Paid In Full") or monthly installments ("Monthly Payment Schedule").

• Paid In Full: The entirety of Fees will be due on the Effective Date.
• Monthly: Your monthly payment will be due on the Effective Date and each monthly anniversary.

Fee Disputes

Customer agrees to notify Company of any fee dispute within fifteen (15) days of the payment due date and agrees to work in good faith to promptly resolve any dispute.

Late Payments

Company reserves the right to (i) suspend or terminate Services for non-payment of undisputed Fees, (ii) impose a charge to restore archived data from delinquent accounts, and (iii) charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

Taxes

Customer shall be responsible for all applicable taxes (including VAT, GST, sales tax) imposed by any government entity based on the Services, except those taxes based on Company net income.

Term & Termination

Term

The term of your contract ("Initial Term") will be indicated in your Order. These Terms will remain in effect until either party cancels as set forth herein.

Renewal

After the Initial Term, your Order will automatically renew for a period equal to the Initial Term unless you indicate intent to cancel at least 30 days before the then-current Term expires via your Trakyo account or by email to [email protected].

Refunds

All refund requests must be placed in writing within ninety (90) days of the first original charge. Renewal refunds must be requested within three (3) days of the renewal charge.

Chargebacks

Termination

Either party may terminate these Terms if the other party: (a) fails to cure any material breach within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks bankruptcy protection. Company may additionally terminate immediately and without notice if Customer violates the Restrictions on Company Technology or Prohibited Activities sections.

Effect of Termination

Upon termination, Customer may request a one-time access to download Customer Data within thirty (30) days of the effective date of termination. Company will retain Customer Data for 180 days following termination, after which it will be permanently deleted.

Customer Accounts & Usage

Customer is solely responsible for the configuration, operation, performance, and security of its Services account, including maintaining the confidentiality of passwords and API Keys. Customer will notify Company immediately of any unauthorized use of its account or any breach of security.

Company will not be liable for any loss that Customer may incur as a result of a third party using its password, API Key, or account. Customer agrees to keep all account information true, accurate, current, and complete.

Prohibited Activities & Restrictions

Customer's use of the Service must comply with all applicable laws, rules, and regulations. Customer agrees not to use the Services in connection with any of the following activities:

• Use the Services for personal, consumer, or household use;
• Perform any fraudulent activity, including impersonating any person or entity;
• Sell or offer illegal, counterfeit, stolen, or deceptive products or services;
• Circumvent any technological measure implemented by Company to protect the Website or Services;
• Use any automated method to extract data from the Website or Services (scraping, web harvesting);
• Probe, scan, or test the vulnerability of the Website or network without written authorization;
• Send unsolicited mail, spam, or unauthorized advertising in violation of applicable laws;
• Use bots, click-farms, or automated techniques to generate fake user activity;
• Modify, reverse engineer, decompile, or attempt to decipher any code relating to the Services;
• Attempt to identify or reverse engineer specific technologies, algorithms, or vendors used by Company;
• Use the Services for competitive benchmarking or analysis if Customer is a direct competitor;
• Make any representations with respect to Company or these Terms without authorization.

Company shall have sole and exclusive discretion to determine violations and reserves the right to suspend or terminate Customer's access for any violation of this section.

Third-Party Sites & Integrations

The Website and Services may link to or integrate with third-party platforms. Company is not responsible for the accuracy, legality, or any other aspect of the content of such sites or platforms. Access to third-party products or services is subject to the terms and conditions of the appropriate third-party provider.

YouTube API Services

By using Trakyo's YouTube integration features, you agree to be bound by the YouTube Terms of Service. YouTube API usage through the Service is subject to daily quota limitations imposed by Google, which are shared across all Customers.

Advertising Platform Terms

By configuring advertising platform integrations (including Meta, Google, and similar platforms) through the Service, Customer agrees to comply with all applicable advertising platform terms of service, advertising policies, and data processing requirements. Company shall not be liable for any penalties or account suspensions taken by advertising platforms against Customer.

Disclaimer of Warranties

WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY REGARDING: (A) THE ACCURACY OF ATTRIBUTION DATA, ENGAGEMENT METRICS, OR ANALYTICS; (B) THE AVAILABILITY OR COMPATIBILITY OF DEEPLINKS; (C) THE DELIVERY OR ACCURACY OF NOTIFICATIONS OR WEBHOOKS; (D) THE AVAILABILITY OF THIRD-PARTY PLATFORM INTEGRATIONS; (E) THE ACCURACY OF ADVERTISING ATTRIBUTION DATA; OR (F) THE CONTINUED AVAILABILITY OF ANY API ENDPOINT OR FEATURE.

Limitation of Liability

The maximum liability of Company to any person arising out of or in connection with the Website or Services shall in no case exceed the lesser of (a) the actual price paid to Company by you for the Services over the 3 months preceding the date your first claim(s) arose, or (b) $500 USD.

Indemnification

Customer agrees to defend, indemnify, and hold Company and its affiliated companies, employees, contractors, officers, and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from:

• Customer's use of, or activities in connection with, the Websites or Services;
• Customer's violation of these Terms of Service or any applicable laws;
• Customer's violation of any intellectual property or right of a third party;
• Any claims arising from Customer End-User Data or Customer's collection, use, or processing of such data;
• Customer's failure to obtain required consents for tracking technologies;
• Customer's use of Deeplinks, Custom Domains, or advertising platform integrations in violation of third-party terms;
• Any regulatory fines or enforcement actions arising from Customer's non-compliance with data protection laws.

Additional Terms

Confidentiality

Each party may disclose to the other certain nonpublic and proprietary information ("Confidential Information"). The receiving party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information, but with no less than reasonable care. For the avoidance of doubt, all aspects of Company Technology constitute Confidential Information of Company.

Copyright Complaints

To report copyright infringement, contact Company at [email protected] with the information required by the DMCA, including a description of the copyrighted work, the location of the allegedly infringing material, and your contact information.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under these Terms.

Assignment

Neither party may assign its rights or delegate its duties under these Terms without the other party's prior written consent, except as part of a corporate reorganization, consolidation, merger, or sale of substantially all assets.

Entire Agreement

These Terms of Service plus any associated Order set forth the entire agreement and understanding of the parties relating to the Services and supersede all prior oral and written agreements.

Arbitration & Disputes

The parties agree that any dispute or claim arising between them regarding the use of the Website, the Services, or these Terms of Service shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction.

Class Action Waiver

Attorneys' Fees

In any dispute, action, proceeding, or arbitration regarding the use of the Website, the Services, or these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys' and experts' fees, costs, and expenses, including expenses upon appeal.

Contact Information

Our Websites and Services are provided by: